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Held waived

New York v. General Electric Co.

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs. The state claimed that the Eleventh Amendment barred the...

United States v. Metropolitan St. Louis Sewer Dist.

The Eighth Circuit, in a CWA enforcement action filed by the United States and the state of Missouri against a water district, affirmed a lower court decision denying the state's motion to dismiss the district's counterclaims and to...

New Jersey Dep't of Envtl. Protection v. Gloucester Envtl. Management Servs.

The court holds that when the state of New Jersey acts in its sovereign capacity to invoke the jurisdiction of a federal court to assert state-law claims against a waste hauler and its customers, it waives its Eleventh Amendment...